Chapter 11

Structuring the Deal

IN THIS CHAPTER

check Seeing that a deal involves more than just money

check Establishing a win-win deal if you can

check Knowing that guarantees can help when you use them carefully

check Putting together crystal-clear contracts

Structuring the deal — the topic of this chapter — is something you shouldn’t leave for the end of the sales cycle after you’ve achieved the yes decision. Although the end is the time for formalizing the deal, setting up the deal structure is a natural part of the sales process, and elements of it will come into various discussions with your prospect along the journey.

remember As the buying cycle progresses toward the deal structuring, you may find that the prospect’s decision-making unit (see Chapters 9 and 19) expands to include purchasing or that the purchasing function comes to more prominence. It’s important that you don’t allow them to take over. It’s your deal, and you need to be prepared to take a tough stance as you set the ground rules. If you fail to do this right from the start, then you run the risk of losing control at a vital stage and may end up being run ragged to someone else’s agenda. It’s also important that as a new business salesperson, you own this process on behalf of your company. Don’t leave it for contracts administration or anyone else. Don’t duck it. Leadership is required, and it’s your responsibility to provide it.

Understanding that the Deal Isn’t Always about Money

When structuring a deal that’s going to deliver what both parties need, you have to take a lot of things into consideration, as I cover in this chapter. First, you need to recognize that a deal isn’t always just about money. How much the deal will cost, whether you can apply a discount, whether the payment can be structured, and so on are all considerations you’ll need to address (as you find out in the following sections), but structuring a deal is about much more than just that.

remember Putting a winning deal together isn’t simply an exercise in negotiating. In fact, it shouldn’t be seen as negotiating at all from the new business salesperson’s point of view. If you’ve driven a successful sales cycle, you should be able to smoothly conclude the deal structure component.

Asking questions about stumbling blocks

remember A common perception that everything in sales deals comes down to money is simply wrong. A deal has to work for all parties involved, and some of the elements that you need to address are beyond the obvious. If you encounter stumbling blocks, you need to understand what they are and how they’ve arisen. Your role as a new business salesperson is to help your prospect buy from you; to achieve this, you need to understand what’s behind any deal structure issues.

By this stage in the sales cycle, you should have built a strong relationship with your prospect and be able to directly ask what he needs to get the deal done. When you understand from his point of view what needs to happen, you’re in a much stronger position to either deliver on that need or to find a way around it, diffusing the perception of need. In other words: Find the issue, act on it, and either resolve it or make use of the contact reports (see Chapter 3) to show that the issue has been addressed to the prospect’s satisfaction and that there’s no need to reopen it as an issue.

Take money out of the equation if necessary, and make sure that you’ve addressed all the issues. If the solution was free, would he go with it today? If the prospect says yes, then price is the overriding issue and at least you know and can revisit the qualification; if the prospect says no, then help him dig deeper to discover the real issues that are holding up progress. They may be something that is far from obvious, or they may be something you can resolve easily. The point is that unless you ask and dig for the answer, then you won’t know and you allow control to slip away from you.

Use the contact reports to show that any old issues that arise have been covered and agreed on. If a new objection arises, then try to get it into context and ask why it has arisen at this stage. A good way of addressing new issues is to turn them around and ask your prospect how he would handle them. Ask how the prospect’s company deals with whatever the issue is. This can often lead to some very revealing answers, and it isn’t uncommon to hear that the prospect’s company wouldn’t tolerate whatever the objection is. Silence as a response here works well as your prospect contemplates what he’s asking for in terms of his own company policy.

remember Within the decision-making unit, or even above their heads at the signoff level, issues may exist that are outside your field of vision. The key prospect may have difficulty in selling your solution to management. Part of your role is to support him and provide the necessary ammunition for him to fight and win any internal battles that are needed.

Avoiding discounts

Discounts do drive sales in some circumstances. For example, how often do you see seasonal sales in retail shops? In fact, some seasons have come to be associated with deep discounting, such as Black Friday and New Year sales, and they’re no doubt very effective in driving traffic to retail and online sales establishments, but there’s little or no scope for this in business-to-business sales.

To inexperienced new business salespeople, offering discounts can seem like an easy way to sweeten the deal and get the order in through the quarter-end door, but this situation can quickly deteriorate and become the accepted norm. Don’t let this happen. The following sections explain why you should avoid discounts and how to address requests for discounts.

Why you should avoid discounts

Your marketing department (see Chapter 6) will have carefully considered price as one of the key attributes of the solution, and they’ll have set the pricing structure for strategic reasons. Your job is to understand this pricing background and why it’s been set the way it has and then to run with it and implement it into your sales cycles. If the pricing strategy is right for the market, then discounts shouldn’t be required.

Is your brand a premium one? Do you want to position it as a premium? If so, then you need to ensure that you don’t give in to discount requests and are prepared to walk away rather than compromise your brand values by watering them down.

Attitude can make all the difference. I well remember the first time I went into a BMW dealership to look at new cars. My expectation was that, because this was an expensive purchase and it was in a retail environment, I was sure to get a couple of thousand dollars off the list price by just asking. When I asked about the pricing and what I could expect as the final price, the salesman replied, “BMWs are not discounted, sir” — and that told me! The attitude was

  • Our pricing is our pricing.
  • If you can’t afford it, then you shouldn’t be here.
  • Our brand sells itself; we don’t need to discount.
  • This is a premium brand, and you’re lucky if we consider you worthy of having one.

Although that type of sales attitude doesn’t bode well in many situations, I did admire the way the salesman killed stone dead any idea in my mind about getting a discount off the list price. He also lost any chance of making a sale to me by his attitude and lack of any qualification or engagement, but that is outside the scope of this point.

In setting pricing structures for your solutions, profitability will have been a key consideration, and discounting from the list price will have an immediate impact on the level of profitability from a deal. Top-line sales revenue and bottom-line profitability are closely related, and changing one has a knock-on effect.

Consider it another way: What if your company recovered any discount you gave away directly from your salary? That may focus your mind a little more on selling on the value of your solution and not the list price.

How to handle requests for discounts

A request for a discount is essentially a pricing objection that should have been covered during the sales cycle before getting to the deal structure part. Regardless of where it crops up, though, you need to deal with it and don’t let your prospect catch you off balance. You need to respond in a way that shows your professionalism and at the same time shows that you’re not a pushover.

With a request for a discount, your prospect has put you on the spot and will expect a quick response to secure the deal. Take time to consider his request, clarify the issue, and check for any hidden agenda, and then offer a response.

To clarify, try restating his objection with a question to get to the crux of the issue, such as

  • “Could you be more specific when you say that our price is too high?”
  • “Could you help me understand why you consider the price too high?”

Look for clarification, and get your prospect to open up on what the issue really is or the drivers behind it with questions like these:

  • “What were your expectations on price?”
  • “Can you help me understand why price has become an issue for you?”
  • “Are you ready to commit if we can resolve this issue now?”

tip Something that I use often when asked about the pricing for solutions is to say that the pricing is “reassuringly expensive.” This started as a throwaway line to deflect a pricing inquiry but has become a central theme to my business’s pricing and positioning, showing that we acknowledge that others may provide something that costs less, while putting down a price and quality marker that we can fall back on at deal-structuring time. In other words, if you want the best, it will cost more than some of the others. That’s life.

After you consider the prospect’s request, clarify the issue, and check for any hidden agenda, you can respond to the discount request without giving away a discount by doing the following:

  • Adding or subtracting aspects of the solution: Work around discount requests by adding or subtracting elements of the solution that you’ve proposed. Tell your prospect that if he’s concerned about the price, then you can either add some additional value to the solution — for example, additional support or training — and that you could provide this at cost or begin to take elements of the solution away. I’ve used this approach by asking “which part of the solution don’t you want?”

    tip This is a bit of a shock-and-awe tactic as it lets your prospect know that he can achieve a lower price only if some elements of the solution are removed. Ask the question sincerely, and then keep quiet and wait for a response. Use time and silence as tools in your kit.

  • Restructuring some terms of the deal: Restructuring some elements of the deal may work in some cases, perhaps by changing the billing cycle to match budget quarters.

    You can assist with the perception of achieving a discount by offering to load the deal with added value items at a favorable price or even at cost price as long as you have good margins on the main solution, or you can even allow special deals for hitting specific implementation targets.

    remember Your objective is to protect your pricing strategy while securing the go-ahead for a deal, so packing the deal with added value can prove to be a good solution for both parties.

Do not, however, let your prospect lose face; allow him to have a little success on less important issues. A great example here comes from my own experience when structuring a deal with my very first consultancy client. He knew that I needed the business, but he also knew that he needed the solution and so the basic sale was fairly straightforward, and the price agreed on was fair to both parties. When the finance director was completing the standing order paperwork to enable automatic funds transfer on a weekly basis, as we had agreed, he looked me straight in the eye and rounded down the agreed figure to the nearest “sensible” amount. The fee was going to be something like $603.08, and he rounded it down to $600, daring me to object. I let him have his $3.08 victory, and we went on to work with that company for almost a decade, running up something in the order of $300,000 of fee income.

remember The moral here is to win the important battles, and don’t focus on noise-level details; let the buyer have little victories to enable him to feel good.

Balancing risk and reward

In any new business sales situation, a deal is like a seesaw — it can be heavy on one side or the other, or it can be balanced just about equally, which is the optimal position in terms of balancing risk and reward. Too heavily biased in terms of either the buyer or the seller, and it stores up problems ahead. If you believe in your solution, why would you want to structure a deal that doesn’t deliver value to your prospect?

warning This doesn’t mean that you have to, or even should, agree to any terms that your prospect wants. Be wary of a buyer who wants everything in exchange for nothing, because he has clearly not understood either the value proposition or the sales and customer dynamics. This can be an early warning sign for future problems and should sound the alarm bells.

remember To strike the right balance for a successful deal, you need to understand your prospect’s motivation — that is, what’s driving him to want your solution and what his pressure points are in terms of doing a deal. You of course already know the budget and sign-off procedures because you qualified them early in the sales cycle (see Chapters 9 and 19 for more about qualification), but has some internal process got in the way? Ask questions that are designed to probe for the real reasons behind any objections (as I suggest earlier in this chapter), because when you understand what you’re dealing with, it becomes much easier to build a balanced deal.

Here are a few methods you can consider to balance a deal:

  • Deals don’t always hinge on money, but could you explore some sort of financing deal if that was appropriate? Depending on the size of your company, this may include offering to structure payments over a longer period in exchange for a price premium. My business does offer a pricing deal in this way, and I use it when faced with price issues, which usually go away when the prospect discovers how much more expensive the solution will be if he wants to do a price deal. (I return to payment terms later in this chapter.)
  • Trial periods can offer an answer to building a balanced deal, but your solution needs to be relevant for a trial, and all are not. My business sometimes offers a trial period, which we run as a separate project so it has sufficient focus but also to ensure that it has both an end date and a conversion plan to the full service. Trials need to be well defined and to be micromanaged in order to deliver the planned objectives quickly and move on. (I cover contracts for trials later in this chapter.)
  • You can try upping the reward element of a deal by introducing some upselling options, especially when faced with demands for more value or reduced cost. Keep the focus on increasing the value proposition, and don’t be afraid to turn the tables and ask your prospect what his own policy is when his prospects ask for discounts. One example is to offer something like an extended warranty, which has a clear value, and include it at close to cost price. This delivers additional value to your prospect while maintaining your solution margin.

    tip Do be a little wary of introducing upsells, though, because they’re not always welcome, and you may find yourself under pressure to bundle them as part of the original solution price. When used with care and at the right time in structuring a deal, they can be nice profitable additions to a sale.

Using incentives

An incentive program is something that promotes or encourages specific actions or behavior. When used tactically, incentives can stimulate prospects to take the desired action, which should be to move a sale closer to completion or a deal closer to being fully agreed on and signed off. When putting an incentive program together, you need to consider whether the incentive you’re offering does actually cause prospects to take that next step and that it’s related to your solution.

An example of a poorly thought-out incentive program for business-to-business sales is offering a free iPod for salespeople to give to prospects. What would the objective of this be? Apart from giving it to children, what would your prospect do with it? Buying decisions would unlikely be affected, so it would be a waste of money and a wasted opportunity.

In coming up with an incentive program, consider how it could influence each stage of the buying cycle for your prospects and that it’s linked to your solution. Anything outside that definition comes under hospitality, which is another topic entirely and not one I cover in this book.

remember Your objective with incentives is to add value to the sales and buying cycles and to deliver something of intrinsic value to your prospect. If he can also use that something to further champion your cause internally, then that is an even better goal.

warning In putting together an incentive, try to avoid being too clever. Your proposition should be clear and concise; otherwise, it risks just adding to the noise level or, worse still, confusing your prospect such that the sales cycle moves backward.

Do you regularly encounter the same type of concerns in structuring a deal? If so, this could be an interesting area to try to incentivize. Here are some examples of effective incentive programs:

  • Rewards program for which you perhaps partner with another supplier
  • Associated product or service free or heavily discounted
  • Extended maintenance or warranty period
  • Price freeze for a certain time
  • Volume discounts (the only type of discounts you should offer)
  • Leasing or other finance deal
  • Fast-start program with support to get early results
  • Trial periods (which I introduce in the preceding section)

With all these examples, the trick is to keep them as simple and straightforward as possible. If you can’t explain your incentive on a single side of A4 paper or in less than a minute, then it’s too complicated and you risk distracting from the bigger picture of structuring the deal.

warning When it comes to incentives, you want to avoid artificial deal deadlines. By this, I mean things like “offer ends at 10 a.m. on Monday” unless you have a valid reason for having such a restriction. This is a little controversial because many experts will tell you that having a deadline for action is absolutely the right thing to do because it focuses attention and drives results. I don’t believe it has anything like that effect in business-to-business sales. In fact, the effect can be the compete opposite, and unless you have a real, valid reason for a deadline, don’t make one up because it will turn off a lot of people and irritate a lot more when you want them to be championing your cause internally, not spending time chasing artificial deadlines. If you really insist on having an artificial deadline, then don’t extend it as it passes. You’ll likely alienate lots of prospects with this type of action.

Looking to Establish a Win-Win

In the majority of business-to-business sales situations, you’re not just looking to close a deal and move on because you’ll likely have further opportunities with that prospect or, at the very least, with his network of contacts. This makes establishing a solid relationship important, and getting off on the right foot is key. If you can establish a win-win situation with your first sale to a prospect, then you’re well positioned for long-term success.

warning A win-win may not always be possible to achieve, but it should be your goal in structuring a deal. However, it won’t work if either you or your prospect has a mindset of needing to beat the other and approach the deal structuring in an adversarial manner. (You’ll often find this when faced with professional buying departments, which I cover in Chapter 13.)

Dealing with prospects who are inexperienced in structuring deals can also offer a bit of a challenge, and the relationship you’ve built with them can work to your advantage if you’re in a position to drive the structuring process. You’re a stakeholder in their successful implementation of your solution, so you need to not only get your deal concluded but also ensure that it’s done in such a way as to maximize the chances of success.

remember You may think that setting out to ensure that both parties win in a deal structuring to be a bit of an alien concept, but consider it this way: You need to make a sale to get paid and further your career, while your prospect needs to have a set of problems resolved. The deal is about fulfilling both of those objectives and doing so in a way that delivers the best possible agreement. If either you or your prospect are trying to gain a one-sided advantage or just trying to score points, you aren’t striving for a win-win. You’ll be able to conduct a deal structure that delivers the best possible mutual agreement only if both parties share the same goal.

The following sections provide pointers on how to establish a win-win as you structure a deal.

Being creative

To structure a solid deal as a win-win, you need an open and sharing mindset, and you need to understand your prospect’s position before you can really begin to get anything substantial in place. You should of course have already covered all the key issues as part of your ongoing qualification (see Chapters 9 and 19) and should have no nasty surprises in store.

Being in a position as a new business salesperson where you need to close a deal puts you at a major disadvantage. It often leads to you not securing the best deal and is unlikely to even get you to a win-win position if your desperation is obvious to your prospect.

tip Breaking a deal down into its component parts is a good way to move forward in negotiations. Tick off the items you agree on, and park them as dealt with. To establish a win-win deal, you need to have built trust during the sales cycle and discussed limitations, objectives, and needs along with how to collaboratively reach them. By parking the elements as they’re agreed on, you also protect yourself against a change as the discussions continue.

Be prepared to be creative within the bounds of your authority as you look to build a final solution. Some time ago, I was well into final discussions with a prospect who was well qualified so I understood the real needs and understood budgetary limitations, which were fine for my solution, but I couldn’t get to an agreement to proceed. I was prepared to walk away rather than push for a reluctant deal, but before doing so I asked what it would take to get it to work. It transpired that the prospect was afraid of failure, which was perhaps why he needed our help in the first place, and the thought of committing to what was a sizeable deal for him was holding him back. Having understood the issue, I offered to structure the deal a different way — to introduce a support package so that he had a higher level of support available and to build in monthly reviews with me personally as long as we could do them remotely using Skype or FaceTime. This was going to cost us a bit of money and time, but it wasn’t a big problem for me.

As a final attempt to help, I suggested that we structure the deal as a rolling trial period, one that never really came out of trial so that his maximum commitment at any stage was only one month. This clinched the deal, but in reality all I did was creatively address the issue in another way because our standard contract has a one-month termination clause anyway, so the “clincher” was nothing that wasn’t already there.

That particular prospect went on to be a long-term client, and all his future deals were structured as rolling trials as far as he was concerned. We achieved a win-win solution.

Building a long-term relationship

Some sales cycles are very quick, transaction-oriented ones where little or no opportunity exists to build a relationship, but the majority of business-to-business sales and all complex ones take more time to progress through a sales cycle. In this case, the outcome is often more than a single sales transaction at a moment in time and will result in repeat business over a long period of time, often many years, so time invested in building a relationship with the prospect or client is time well spent.

remember In addition to putting you in the driver’s seat as far as future new business is concerned, your relationship also ensures a much smoother path through accounts and a variety of other functions in the client’s organization that you’re expected to cover.

You have an opportunity at the beginning of a relationship to set precedent and then expect that it moves forward in the same way. By doing this, you save time on future deal structures and don’t have to reinvent the wheel each time. Establish the way that you expect things to be done and be clear about any implications of actions slipping. Building a long-term relationship enables general issues to be dealt with just once; it also leads to future sales being easier and quicker to conclude as both parties understand the basics and can concentrate on specifics in the future, ensuring that the chances of a win-win solution are enhanced.

tip You can help both yourself and your new client by documenting steps taken or creating forms and processes to monitor each stage, flagging exceptions for you to work on. This creates added value for your client because it makes his role easier while further cementing your relationship. Done with some care and forethought, something like this can quickly become an accepted norm in your client’s business, meaning that whenever a need arises in that area, you automatically get the order.

In building a long-term relationship, you need to remember that it’s about both give and take and not a one-way street. Cement the relationship further with the perception of more and more added value; things like these can play an important role:

  • Loss leaders
  • Early access to information
  • End-of-life product offers or giveaways
  • Additional months on support coverage

Strive to make your relationship more of a partnership of equals rather than a client and supplier agreement. Give your client access to people and information in your company and in your wider network who can provide added value.

remember Make a point of going the extra mile as a matter of routine. Your goal should be to make yourself invaluable as a trusted partner, and then why would he even consider going elsewhere for solutions that you provide? In addition, when you need to deliver bad news or when a measure of negotiation is required, if you’ve built up sufficient goodwill, it will be a softer blow. Tasks like this should be approached as exercises in engagement rather than bargaining.

Continuing solid reporting and communications

From the very early stages of the sales cycle, you’ll have been producing contact reports, as I outline in Chapter 3, so you have established a clear precedent for doing this. By the time your sales cycle reaches the deal-structuring stage, your prospect will have come to expect and, to a certain extent, rely on them.

As the sales cycle reaches its conclusion and you hopefully move into the implementation phase, your company needs to continue to deliver the same type of documentary audit trail. The information needed will obviously change and will likely be produced by someone else, but as a new business salesperson, you’ve set the bar and your colleagues need to commit to carry through on this.

Proving clear communications throughout both the sales cycle and the implementation phase helps to establish credibility and demonstrates that you’re acting in your prospect’s best interest, which will in turn help to further the relationship into a win-win solution.

All notes and reports are of course documented and stored in the CRM system (see Chapter 9) and are available to colleagues as the project moves forward, ensuring that everyone has access to all the relevant information and that nothing is forgotten about.

remember The importance of solid and dependable reporting comes to light when a solution contains outsourced work or anything of a creative nature because you often need to provide solid evidence for an audit trail. For example, if you’ve delegated an activity and it hasn’t gone according to plan, you have clear evidence of the lines of responsibility and accountability as you seek to get the issues resolved.

The start of an implementation phase is when new business sales hands over client responsibility to an account manager or a project manager. Your role as the company lead in the deal comes to an end, but having worked hard to establish that you can be relied on to produce solid and accurate reports, you need to ensure that this accountability continues. Your sales responsibility will always be present with the new client, and although you may lose ownership of the day-to-day activities, you need to maintain accountability as you’ll most likely be involved in securing another contract from the client in the future.

Communication is as important as reporting, and as a new business salesperson, at handover time, your responsibility is to ensure that both the new client and your colleagues are all connected at the appropriate level, with the correct introductions made between parties in your prospect’s organization and yours. That way, everyone knows who is responsible for what activities, and regular communication plans, such as email updates and phone updates, are in place before your handover is complete.

tip Make sure the new client knows that you’re in the loop and are available to discuss any issues as you’re the one who built the relationship and trust. Account managers sometimes resist sales “interference,” but my view is that they’ll have to live with it if it’s my sale, and they’ll have to report to and be accountable to me in the event of any problem. Account managers need to be copied on correspondence, of course, but your objective of securing additional business and their objective of running a project have the potential to be at odds with one another, so ensure that intracompany issues are dealt with out of the new client’s sight.

Making referrals as part of your terms

Referrals work so well as a prospecting tool because they’re backed by personal recommendation and come with inbuilt credibility and inherent trust from a peer. I cover prospecting in detail in Chapter 9, but one of the most effective ways of gaining new prospects is through the power of a referral from an existing client. When you’re structuring the deal is a good time to introduce the fact that you thrive on doing a good job for clients and rely on recommendations to their peers. Don’t be timid in raising this request, and let it be known that it’s something that you’d not only like but expect to be provided with.

remember Reverse referrals are also an effective way of building a client relationship, where you, from your vast array of contacts due to the very nature of your job, refer people you know to your client. Providing referrals for each other is definitely a win-win deal.

When seeking referrals, you need to be as specific as possible to get the best results, so don’t ask broad questions. Narrow the focus and even have a list of targets that you can ask about being introduced to. Be specific in your request, and accept that if you don’t ask, then you more than likely won’t get. A lot of books cover how to ask for and get referrals, so I won’t go into the techniques here, but do let your new customer know that he should help you in this way. There is no problem with asking a straightforward question like “Who do you know that might benefit from this type of solution, and could you introduce me, please?”

tip In some cases, a new client may not be comfortable with giving referrals by nature of his personality. Respect this and find another, less direct way that he can be of assistance to you. For example, ask whether he’d be prepared to give a case study or even a client reference. In this case, feed that information back into your marketing department and make sure they follow up on it. (Flip to Chapter 6 for more about marketing matters.)

warning Some people advocate setting up a referral commission scheme so that anyone providing you with a referral that goes on to result in a sale receives a payment of some kind. This is fine in consumer sales, but I don’t recommend it in a business-to-business environment because it’s too fraught with danger and open to accusations of illegal inducement.

Recognizing that “Guarantee” Is a Big, Powerful Word

The word guarantee in a new business sales environment carries a lot of weight with it. And as long as you’re able to clearly spell out what you mean and back that up with a real documented program, then guaranteeing that your solution will deliver for your prospect can really set you apart; otherwise, it’s just an empty word. The following sections help you work with guarantees.

remember A guarantee helps build trust. Your prospects will think that if you’re guaranteeing your solution, then it must be good because otherwise you wouldn’t do it.

warning Be aware of the provisions of the Sale of Goods Act in the United Kingdom or its equivalent in other countries. This legislation protects the buyer when something goes wrong, so don’t fall foul of statutory regulations with your guarantee.

Structuring a guarantee

When deciding how to structure a guarantee, you need to consider exactly what you’re setting out to achieve, because if you don’t understand that, then you may as well try to guarantee the weather. You next need to consider how you can structure your guarantee. Consider the do’s and don’ts I discuss in this section.

warning First, the don’ts:

  • Avoid any form of money-back guarantee because this has the effect of telling your prospects that it doesn’t really matter whether the solution works. It encourages them to try your solution but without any real commitment. A deal to implement a solution without full commitment from a prospect is almost certainly going to fail, and so a guarantee of this type sets you up for failure.
  • If you can’t do it, then don’t commit to it. For example, you may guarantee that the solution is so simple to implement that if the prospect can’t do it, then you’ll pay for a third party to do it on his behalf. Something like this risks opening a whole can of worms, and before you know it you’ll have both an unsuccessful implementation and a big bill.
  • Stay away from easy-to-deliver guarantees that perhaps don’t hold as much weight in terms of contractual impact. For example, saying things like “I’ll work with you personally” and “I’ll manage our resources to make sure we deliver” aren’t real guarantees and have little real meaning.

remember Some types of guarantees aren’t worth the paper they’re written on, so if you’re going to guarantee your solution, make the guarantee something that’s worthwhile and that addresses a real and potentially deal-breaking concern. When structuring a guarantee program, make sure it’s realistic, sensible, and achievable.

My business guarantees performance, which helps move deals to completion. The guarantee is simple to understand, realistic, sensible, and achievable and works like this: We guarantee that over a rolling 13-week period, clients will achieve “xyz” results from us. If we fail to deliver those results in that time frame, then we’ll continue working on the project at our cost until the shortfall is made up, and only at that point will we begin charging again. This guarantee is subject to all payments being up-to-date and to clients doing what they’re meant to do, which is specified in the guarantee. Do we ever have to deliver on the guarantee? Yes, on occasion we do, and it’s never a problem because the terms are simple to understand and fair to both parties.

Here are some more do’s:

  • Consider what level of buy-in and commitment you need your prospect to commit to. Offering a guarantee of successful implementation is no good if your prospect doesn’t commit any resources to it because it will always end in failure.
  • Consider whether the guarantee needs to be conditional or if it’s more binary in nature. To do this, you need to assess the impact to your business of both the likelihood of the guarantee being called on and the effect of delivering on the guarantee.

Knowing that guarantees work both ways

The role of a guarantee in structuring a deal is to help you get to the end game as quickly as possible by taking one or more obstacles out of the equation. Whether the prospect needs a guarantee doesn’t really matter; your confidence in providing it is more important and much more powerful.

remember Guarantees are designed to reduce the perception of risk in the structure of a deal, but it’s important that you understand the risk of the guarantee being called on and that you don’t leave yourself open to any possible abuse of it.

tip Don’t allow the fact that the prospect has a guarantee from you to mean that he doesn’t need to be fully committed and engaged with the solution implementation, because he does, and guarantees work both ways. Get your prospect to match your guarantee with one of his own. The idea is to work as a partnership and to reduce the perception of risk, not just pass it on.

For example, you may guarantee that a certain level of individual, usually named, will lead the project for your company and be responsible for ensuring success. You should strive to have an individual in your new client’s company named as being accountable for ensuring that all of the client’s obligations are also met.

Maximizing chances of success

To make sure you maximize the chances of success and build a partnership between yourself and the prospect, you need to gain commitment from all the stakeholders. Just having this type of discussion with your prospect can help build bonds of trust, and sometimes you may discover that it alleviates the need to actually formulate a guarantee.

tip Consider implementing a trial as I outline in the earlier section “Balancing risk and reward.” Trials can be effective if you follow some simple ground rules. Another element to introduce at the guarantee stage is whether you should provide a premium level of support and, if so, whether it’s at your cost or the prospect’s.

Creating Unambiguous Contracts

Many deals turn sour because the new business salesperson fails to adequately address the contractual and paperwork side of the job. Understanding the importance of orders and making them crystal clear is a necessity in sales. The following sections provide contract help.

tip Make sure you understand the nature of any of your client’s systems and processes and whether they’ll have an impact — for example, if your client does payment runs only on Tuesdays, structure this into the contract, and don’t expect payment on Monday.

Written terms

Contracts offer mutual protection, and their role is a vital one in business. You need to have, at the very least, a simple written and signed agreement. Contracts should be written in natural language and should avoid jargon. Don’t rely on verbal contracts, which are acceptable in a legal sense but nearly impossible to either challenge or defend should the need arise.

remember You don’t need to go over the top in terms of order or contract length in the vast majority of cases, as long as all the bases are covered. In most cases, a degree of common sense and a basic understanding of contract law are all that you need to form an order and contract that is clear and unambiguous.

Include a schedule of deliverables and dates or milestones. In other words, set out the individual stages of the solution and attach dates to each stage so that it’s clear when actions are required and expected to be achieved.

Even trial periods need contracts, because they are vital in outlining what’s to be achieved, by whom, and by when and in defining what the scope of the trial is intended to do, along with what happens at the end.

remember Wherever possible, you should use your contract and not one provided by your prospect. Own and drive this process to completion with the same zeal that won you the business in the first place.

Processes for dealing with changes

The objective here is no surprises. Be aware that changes do occur once an implementation is underway, but you can’t always anticipate what they’ll be. Contractually, you should cover who’s responsible for sorting out the impact of any changes and who’s responsible for the cost of doing so.

For example, you may want to include a clause setting out that any changes to the agreed-on specification that occur after the contract is signed will be charged at a standard hourly rate.

remember Don’t allow yourself to be bullied into accepting changes made to the contract, either. Be aware of buyer games, especially professional buyers (see Chapter 13), and be prepared to act accordingly.

Absolutely clear payment terms

The number-one reason for failure of business relationships is frustration over payments. Cover payment terms in simple, clear language and have all parties agree to it so there can be no scope for later misunderstanding.

tip A good mindset to adopt, and one that I do all the time, is one of “we are not a bank.” If the client can’t afford you, then you should have qualified him out long ago, and it’s not your problem to solve. While you’re structuring the deal isn’t the time to be sorting payment schedules because this should have already been agreed on; your role now is to get it implemented.

warning If you can achieve direct payments on the due dates, then that is the best possible option; if not, then you need to avoid any form of monthly manual sign-off on invoices because this will always eventually lead to delays in payment and the associated frustrations they cause.

Have terms for dealing with late payments and be prepared to enforce them every time. In my business, we operate a three-strikes-and-you’re-out rule. If you mess with payments three times, then you’re now an ex-client. It may be viewed as tough and uncompromising, but as I say earlier, we are not a bank.

Payment in advance or at least in advance for each stage of the implementation is a good target to aim for and should usually be achievable. If the prospect wants the solution, then why would he delay paying for it?

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